Pay Dispute

kangaroo19

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Thread starter #1
Hi,

My GF is a 19yo casual worker in a local take away food-court. She is having disputes over her pay. This morning she went to her boss, as she was told she would earn 150% of her rate for sunday trading, but only got 100% of normal rate.

Then she brought up the upcoming xmas period. When she asked about public holidays, they said they would pay her normal rate. However, in the National Fast Food Retail Award 2000, it states that public holidays are 250% of the normal rate (double time and a half). Don't companies have to pay in accordance with the minimum award rates?

She has been threatened with termination of employment because she is the only one to stand up to the bosses. And to add to that, they said they would pay her in cash "out of pocket" so she would not pay tax on the income, but this is obviously tax fraud.

Anybody have any advice for her? She doesn't want to lose her job, but she doesn't want to work for $12/hour on two public holidays.

Cheers!
 

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gadj1976

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#2
Go to the Union. Shopkeepers association I think it is.

If not in the union, go to the Industrial Relations Dept locally and they'll assist in where she stands.

Basically bosses cannot take advantage of workers during weekend and public holiday's and therefore employees need somewhere to go. They should be able to assist.

Cheers

Not only is it tax fraud, I bet they don't pay super on those casual tax free earnings!
 

afc9798

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#3
kangaroo19 said:
Hi,

My GF is a 19yo casual worker in a local take away food-court. She is having disputes over her pay. This morning she went to her boss, as she was told she would earn 150% of her rate for sunday trading, but only got 100% of normal rate.

Then she brought up the upcoming xmas period. When she asked about public holidays, they said they would pay her normal rate. However, in the National Fast Food Retail Award 2000, it states that public holidays are 250% of the normal rate (double time and a half). Don't companies have to pay in accordance with the minimum award rates?

She has been threatened with termination of employment because she is the only one to stand up to the bosses. And to add to that, they said they would pay her in cash "out of pocket" so she would not pay tax on the income, but this is obviously tax fraud.

Anybody have any advice for her? She doesn't want to lose her job, but she doesn't want to work for $12/hour on two public holidays.

Cheers!
At 19 and with retail experience, she will have no trouble getting a job with a reputable employer that will pay her appropriately. She should continue to work for the current employer while looking for other jobs, but make sure she is documenting the pay dispute. After she has another job, she can then launch a claim for unpaid wages (if it's substantial enough to warrant it) from her former employer. I'd suggest that she would easily find a job by pro-actively contacting the likes of EzyDVD, Blockbuster, Any cafe/restaurant in the ;local area. These jobs are plentiful aas most people are seeking full time hours. They are especially easy to find if you're prepared to work evenings and weekends.

People like her current employer make me sick the way they exploit people. A fair days pay for a fair day's work should be the minimum you expect in this country. If you don't get it, find someone who will treat you with respect.
 

Homer Jnr

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#4
She will probably get the sack anyways for speaking up.These lowlofe bosses do that.

IF I was her, I would take my Mp3 player and record the next conversation.Then I would ring the appropriate Wageline department in your state, and they will investigate.I would take copies of the recording.
 
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